2 Text current through August 1, 2014, see disclaimer at end of document. ii

3 Maine Revised Statutes Title 20-A: EDUCATION Chapter 802: MAINE ONLINE LEARNING PROGRAM DEFINITIONS As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [] 1. Online learning program or course. "Online learning program or course" means an interactive course or program that: A. Is taught by a certified teacher and is delivered primarily electronically using the Internet or other computer-based methods in which a student enrolled in a course may have access to the teacher synchronously or asynchronously; [] B. May be delivered to students at school as part of the regularly scheduled school day or may be delivered to students, in whole or in part, independently from a regular classroom schedule; [2009, c. 330, 4 (NEW).] C. Is combined with other traditional delivery methods that include frequent student assessment and may include actual teacher contact time; and [] D. Meets or exceeds the accountability standards and parameters for essential instruction established as part of the statewide system of learning results as set forth in section [2009, c. 330, 4 (NEW).] 2. Online learning provider. "Online learning provider" means a private organization that is approved by the department to provide online learning programs or courses to one or more school administrative units for kindergarten to grade 12 students. 3. Proctored environment. "Proctored environment" means an environment directly monitored by a teacher or administrative staff employed by an online learning provider or by an adult authorized by the program PROGRAM ESTABLISHED The Maine Online Learning Program, referred to in this chapter as "the program," is established to provide high-quality educational options for kindergarten to grade 12 students in this State using online learning programs and courses. The goals of the program are to: [] 1. Create opportunity. Create educational opportunities for students in this State that may not exist without such technology; Definitions 3

4 2. Close achievement gap. Close the achievement gap between high-performing and low-performing students, including the gap between minority and nonminority students and between economically disadvantaged students and their more advantaged peers; 3. Educational options. Use existing educational resources, along with technology, to provide parents a broader range of educational options and to help students in the State improve their academic achievement; [ 2011, c. 353, 5 (AMD).] 4. Public school educational opportunities. Increase the capacity of school administrative units to provide public school educational opportunities for students whose educational needs are not being met in the regular public school program; and [ 2011, c. 353, 6 (AMD).] 5. Nonresident tuition students. [ 2011, c. 353, 7 (NEW); T. 20-A, 19152, sub- 5 (RP).] 2011, c. 353, 5-7 (AMD) APPROVAL OF ONLINE LEARNING PROVIDERS No later than June 30, 2010, the department shall provide school administrative units with a list of providers approved to offer full-time and part-time online learning programs and courses available for kindergarten to grade 12 students in the State. The department, in consultation with the state board, shall develop approval criteria and a process for approving online learning providers to implement online learning programs and courses. [] 1. Approval of online learning providers. The department shall approve online learning providers on the basis of the online learning providers demonstrated experience in the operation and management of online learning programs and courses, including the number of students served and proven academic success as measured by student performance and state assessment results, as appropriate, and an online learning provider's ability to satisfy the requirements under subsection Requirements. To be approved by the department, an online learning provider must demonstrate and thereafter annually document that it meets all of the following requirements. A. The online learning provider must be nonsectarian in its programs, admission policies, employment practices and operations. [] B. Each course offered for a unit of credit must correlate with applicable state-adopted academic standards prior to being offered. All courses must include assessments. [2009, c. 330, 4 (NEW).] C. A teacher employed by the online learning provider and providing instruction to students must hold a valid teaching certificate in each content area being taught or receive approval from the commissioner to teach the course. [] Approval of online learning providers

5 D. A teacher employed by the online learning provider must receive appropriate preservice and inservice training pertaining to the organization of the online classroom, programs and courses, the technical aspects of online education, the monitoring of student assessment and other pertinent training. [] E. The online learning provider must verify ongoing student attendance and progress and performance in each course as documented by ongoing assessments in a proctored environment and provide examples of student course work. [] F. Administrators, teachers and other educational staff employed by the online learning provider must comply with the fingerprinting and national criminal history record check requirements as set forth in section [] G. The online learning program must comply with the State's information technology accessibility policies and standards. [] ENROLLMENT AND ELIGIBILITY Full-time students enrolled in an online learning program are considered to have met the compulsory attendance requirement set forth in section 5001-A, subsection 2, paragraph E. The following provisions apply for enrollment and eligibility. [] 1. Full-time or part-time. School administrative units may enroll students in an online learning program or course on a full-time and part-time basis. If a program is oversubscribed, a school district shall use a random lottery to select enrolled students, subject to any statutorily imposed enrollment preferences. 2. Eligibility. A kindergarten to grade 12 student enrolled in a public school residing in the State who is 20 years of age or younger is eligible to enroll in the program. 3. Agreements to access programs and courses. School administrative units may develop agreements to access online learning courses and programs offered by other school administrative units. 4. Assessment. Students enrolled in an online learning program or course for a unit of credit shall participate in any applicable final exams, grade-level assessments and state assessments in a proctored environment REPORT The department shall provide the Legislature annually with a report that includes, but is not limited to, the following information: [] Enrollment and eligibility 5

6 1. Programs and courses. A list of programs and courses offered through the program; 2. Students. The number of students participating in the program, including the number of full-time students, part-time students and full-time equivalent students enrolled; 3. Student performance. Student performance for students enrolled in online learning programs or courses, including the academic achievement of students enrolled in each course offered through the program; 4. Expenditures. Expenditures of state and nonstate funds made for online learning programs and courses; and 5. Limitation. The number of students who were unable to enroll in an online learning program or course because of space limitation APPLICABLE LAWS (REPEALED) 2011, c. 353, 8 (NEW). MRSA T. 20-A, (RP). The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication: All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the Second Regular Session of the 126th Maine Legislature and is current through August 1, The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text. The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights. PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney Applicable laws

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